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Form
                                                           Sponsorship for a partner
                                                            to migrate to Australia                                                  40SP

Important – Please read this information carefully before you                     Limitations on sponsorship
complete your application. Once you have completed your                           You should note that certain sponsorship limitations apply.
application we strongly advise that you keep a copy for your
records.                                                                          These are:
This form 40SP is to be completed by the sponsor of                               • the number of approved sponsorships/nominations2 you
persons applying for a partner category visa either                                 can make is limited to 2, a minimum of 5 years apart; and
outside Australia or in Australia.                                                • if you were originally sponsored or nominated to Australia
                                                                                    as a spouse, fiancé(e), interdependent partner or de facto
If the fiancé(e) or partner you are sponsoring is                                   partner you cannot sponsor a new spouse, fiancé(e) or
applying outside Australia, your fiancé(e) or partner                               de facto partner for a period of 5 years from when you were
will be applying to migrate. If your fiancé(e) or partner                           sponsored.
is applying in Australia, your fiancé(e) or partner will
be applying for permanent residence. In this form, the                            There are some exceptions to these requirements in
term ‘migrate’ covers both.                                                       compelling circumstances. These include:
For details on partner category visa processing, see booklet 1,                   • if your previous partner has died;
Partner Migration, which is available on the Department of                        • if your previous partner has abandoned the relationship,
Immigration and Citizenship (the department) website                                leaving young children; or
www.immi.gov.au/allforms/ or from any office of the                               • if you have formed a new relationship that is long-standing.
department or Australian mission overseas.                                        Current and previous contributory parent category visa
Further information on partner category migration is available                    holders
from www.immi.gov.au/migrants/ or the department’s                                If you have been granted a contributory parent category visa
enquiry line (see information box on page 4).                                     on or after 1 July 2009, you are unable to sponsor a person
                                                                                  for a partner or fiancé(e) visa for 5 years from your visa grant
Integrity of sponsorship                                                          date if you were in a married or de facto relationship with
The department is committed to maintaining the integrity of                       that person on or before the date you were granted the
the visa and citizenship programs. Please be aware that if you                    contributory parent category visa. There are some exceptions
provide us with fraudulent documents or claims, this may                          to this limitation in compelling circumstances.
result in processing delays and possibly your sponsorship
being refused.                                                                    Protection of children
                                                                                  The department has concerns about Australian citizens and
Who can sponsor                                                                   residents who have been convicted of or are facing charges
If you wish to sponsor a fiancé(e) or partner to enter or                         for child sex offences and who are sponsoring partners and
remain in Australia:                                                              minor children for entry to Australia under family migration
                                                                                  arrangements. While such cases are rare, it is essential that
• you must be an Australian citizen, Australian permanent                         you as a sponsor disclose to the department any information
   resident or eligible New Zealand citizen; and                                  relating to any conviction you have had or any charges
• generally, you must be aged 18 years or over1; and                              currently awaiting legal action.
• for a Prospective Marriage visa, you must be known                              It is also important that migration applicants, and any
   personally to your fiancé(e) and have met as adults and                        non-migrating person who can lawfully determine where
   there must be no impediment to your marriage; or                               a migrating minor child is to live, are informed when the
• for a Partner visa, you must be in a married or de facto                        sponsor has such convictions or outstanding charges.
   relationship with your partner.
                                                                                  When the department is aware of any convictions or charges
‘Partner’ means your spouse or de facto partner (including                        of this nature, through either:
same-sex partners).                                                               • the answers you provide to Question 39 on form 40SP
1                                                                                    Sponsorship for a partner to migrate to Australia; or
  If you are:
• aged 16 or 17 years;                                                            • liaison with relevant Commonwealth, state and territory
• in Australia; and                                                                  agencies
• wish to sponsor your fiancé(e) or spouse who is aged 18 years or                it may inform the migration applicant, and any non-migrating
    over, your parent or guardian must be your fiancé(e) or spouse’s
                                                                                  person who can lawfully determine where the applicant’s
    sponsor. Your parent or guardian must be an Australian citizen, an
    Australian permanent resident or an eligible New Zealand citizen
                                                                                  migrating minor child may live, about the convictions or
    aged 18 years or over.                                                        charges. Signing the sponsorship undertaking will be taken as
If your parent or guardian is undertaking this sponsorship, they                  your acknowledgement of this approach.
should complete all information on the form about you on your
behalf.
2
  Prior to 1 July 2002, persons who applied in Australia for migration
to Australia as a fiancé(e) or partner, were ‘nominated’ by their
partner. Those who applied outside Australia were ‘sponsored’.
Approved sponsorships or nominations are those which resulted in a
visa being granted to the applicant.

                                                              © COMMONWEALTH OF AUSTRALIA, 2009                                    40SP (Design date 11/09) - Page 1
How to sponsor                                                               What documents do you need?
       You must ensure that you:                                                    The department will need proof of your relationship with your
       • are eligible to sponsor your fiancé(e) or partner (for                     fiancé(e) or partner.
         example, you may not be able to sponsor if you are the                     It will help your fiancé(e) or partner’s application if you send
         holder of a Refugee Woman at Risk (subclass 204) visa or                   with this form any documents that confirm your relationship.
         you are subject to sponsorship limitations – you will need
                                                                                    If you have changed your name since birth, you should also
         to discuss your individual circumstances with the nearest
                                                                                    provide evidence of this.
         office of the department);
       • complete and sign this form; and                                           You will also need to send evidence of your permanent
                                                                                    resident status in Australia (for example, a certified copy of
       • send this form to your fiancé(e) or partner before your
                                                                                    the relevant pages of your passport identifying the Australian
         fiancé(e) or partner lodges their application.
                                                                                    permanent resident visa or Resident Return visa label) or
       Your fiancé(e) or partner should:                                            proof that you are an eligible New Zealand citizen3. An
       • complete a form 47SP Application for migration to                          Australian citizen will need to send a certified copy of their
         Australia by a partner; and                                                citizenship certificate or, if Australian-born, a certified copy
       • if applicable, arrange for a form 47A Details of child or                  of their full birth certificate. If you are unsure about the
         other dependent family member aged 18 years or over to                     documents needed to do this, contact the nearest office of the
         be completed and signed by each dependent child and                        department.
         dependent relative of your fiancé(e) or partner who is aged                You will also need to demonstrate that you will be able to
         18 years or over (whether or not they are migrating with                   meet your sponsorship obligations as undertaken by you
         your fiancé(e) or partner).                                                when you complete and sign this form (see ‘Your sponsorship
       Your partner should lodge these form(s), together with this                  undertaking’ below). The information requested on this
       sponsorship form, at the nearest office of the department                    form, including documents relating to your employment and
       if your partner is applying in Australia, or at the relevant                 income, will assist the decision-maker in deciding whether you
       Australian mission if your partner is applying outside Australia.            are able to meet these obligations.
       For the relevant office’s contact details, see the department’s              If you are sending copies of documents, they will need to be
       website www.immi.gov.au/contacts/                                            certified as true copies of the original by a person authorised
       When you send this form to your fiancé(e) or partner, it is                  to witness statutory declarations (for a list of prescribed
       important that you tell them that the form 47SP the form(s)
                                                        ,                           persons, see ‘Statutory declarations’ in booklet 1, Partner
       47A (if applicable), this sponsorship form, any supporting                   Migration).
       documentation and the visa application charge (or evidence                   It is in your interest to provide all the documents requested
       that the charge has been paid) must be lodged together.                      with the application. Failure to do so may result in processing
       If your fiancé(e) or partner is applying outside Australia and               of the application being delayed.
       you are able to demonstrate difficulty in forwarding mail to
       your fiancé(e) or partner, you should lodge this form at the                 Your sponsorship undertaking
       nearest office of the department in Australia. That office will
                                                                                    As a sponsor for your fiancé(e) or partner’s visa application to
       forward the sponsorship to the Australian mission nearest
                                                                                    migrate to Australia, you sign a sponsorship undertaking at the
       your fiancé(e) or partner.
                                                                                    end of this form.
       Note: After your fiancé(e) or partner has lodged their partner
                                                                                    If your fiancé(e) applies for and is granted a Prospective
             category visa application, and before a decision is made
                                                                                    Marriage visa, as sponsor you will be responsible for all
             on their visa, providing location requirements can be
                                                                                    financial obligations to the Commonwealth that your fiancé(e)
             met, your fiancé(e) or partner may be able to have
                                                                                    might incur during the period he/she is in Australia.
             added to their application a dependent child who was
             previously not included in the application as a person                 If your partner applies for and is granted a Partner visa, as
             migrating to Australia with your fiancé(e) or partner. In              sponsor you agree to provide adequate accommodation
             addition to your fiancé(e) or partner having to notify                 and financial assistance as required to meet your partner’s
             the department in writing of this addition, you may                    reasonable living needs. If your partner is applying outside
             have to complete a new form 40SP to include that                       Australia, this assistance would cover their first 2 years in
             dependent child with your fiancé(e) or partner and any                 Australia. If your partner is applying in Australia, this assistance
             other family members you are sponsoring to migrate to                  would cover the 2 years following the grant of his/her partner
             Australia.                                                             visa. You are also required to provide financial and other
                                                                                    support, such as childcare, that will enable your partner to
                                                                                    attend appropriate English classes.




                                                                                    3
                                                                                      An eligible New Zealand citizen is one who held a Special Category
                                                                                    Visa (SCV) on 26 February 2001; or held a SCV for at least 1 year in
                                                                                    the 2 years preceding that date; or has a certificate, issued under
                                                                                    the Social Security Act 1991, that states that the citizen was, for the
                                                                                    purposes of that Act, residing in Australia on a particular date and
                                                                                    who would have met certain health and character requirements on
                                                                                    last entry to Australia.

40SP (Design date 11/09) - Page 2                               © COMMONWEALTH OF AUSTRALIA, 2009
By signing the undertaking, you will also be agreeing to                      When sponsorship applications present potential child
provide information and advice to help your fiancé(e) or                      protection issues, the department may provide the
partner settle in Australia. This information and advice should               information that raises child protection concerns to the visa
include telling your partner about employment in Australia.                   applicant(s) and any non-migrating person who can lawfully
It is important that your fiancé(e) or partner and his or her                 determine where the applicant’s migrating minor child may
dependants understand that a good standard of spoken and                      live. See Protection of children on page one.
written English is essential if they want to work in Australia.               The information collected might also be disclosed to
Without these skills, it will be very difficult for them to gain              agencies who are authorised to receive information relating
employment at a level commensurate with their job skills and                  to adoption, border control, business skills, citizenship,
qualifications. They should therefore assess their own                        education, health assessment, health insurance, health
employment prospects in Australia, whether or not                             services, law enforcement, payment of pensions and benefits,
they intend to work immediately.                                              taxation, review of decisions and registration of migration
                                                                              agents.
Assurance of Support                                                          The information collected, including the results of any tests
After your fiancé(e) or partner has lodged their partner                      for Human Immunodeficiency Virus (HIV), will be used to
category visa application, the department may ask them to                     assess your eligibility as a New Zealand citizen to sponsor your
request another person to provide an Assurance of Support                     fiancé(e) or partner. A positive HIV or other test result will not
(AoS) on their behalf. This would be done if your fiancé(e)                   necessarily lead to your fiancé(e) or partner’s visa application
or partner is assessed as being a potentially high user of the                being refused. Your results may be disclosed to the relevant
Australian welfare system during their first 2 years in Australia,            Commonwealth, state and territory health agencies.
or the 2 years following grant of your partner’s visa if your                 The department has authority under the Migration Act 1958
partner is applying in Australia. As well as your fiancé(e) or                to collect a range of personal identifiers from non-citizens,
partner’s circumstances, your ability to support your fiancé(e)               including visa applicants, in certain circumstances. For more
or partner (and any other dependants included in the                          detailed information, you should read information form 1243i
application) may be taken into account by the decision-maker                  Your personal identifying information, which is available
in deciding whether to request an AoS. Some of the                            from the department’s website www.immi.gov.au/allforms/
information given by you on this form may be used for this.                   or from any office of the department or Australian mission
                                                                              overseas.
What is an Assurance of Support?                                              The collection, access, storage, use and disclosure by the
An AoS is an undertaking to provide financial support to the                  department of the information you provide in this form is
person or persons applying to migrate so that the migrant will                governed by the Privacy Act 1988 and, in particular, by the
not have to rely on any government forms of support.                          11 Information Privacy Principles. The information form
                                                                              993i Safeguarding your personal information, gives details
It is also a legal commitment by a person to repay to the                     of agencies to which your personal information might be
Australian Government certain recoverable social security                     disclosed. This form is available on the department’s website
payments made by Centrelink to those covered by the                           www.immi.gov.au/allforms/ or from any office of the
assurance.                                                                    department or Australian mission overseas.
As sponsor, you are not required to act as the assurer if you                 Form 1071i Health requirement for permanent entry to
are not in a financial position to qualify. Generally, a person               Australia provides additional information on Australia’s
who has received the full rate of any pension, benefit or                     visa health requirements. Form 1071i is available from the
allowance (other than family payments) from Centrelink                        department’s website www.immi.gov.au/allforms/ or from
during the last year will not qualify as an assurer. Another                  any office of the department or Australian mission overseas.
person who is an Australian citizen or permanent resident
or eligible New Zealand citizen3 who is usually resident in                   Note: Under section 234 of the Migration Act 1958 (the Act),
Australia and aged 18 years or over can act as the assurer.                         you may be prosecuted for deliberately providing false
                                                                                    or misleading information to the department.
Although it is the department that decides whether or not
an AoS is required, Centrelink has responsibility for assessing
all AoS applications. For more information about the AoS                      Obtaining information about you from other agencies
scheme, see Fact sheet 34 at www.immi.gov.au/media/                           and organisations
If your partner needs to lodge an AoS, the proposed assurer                   Under section 56 of the Act, the department may seek
will need to contact Centrelink about application procedures.                 information about you that is relevant to your sponsorship
                                                                              application from other agencies and organisations. The
Centrelink
                                                                              agencies/organisations may include:
Telephone:     132 850 (if you are calling within Australia)                  • federal, state or territory government agencies;
Telephone:     61 3 6222 3455                                                 • federal, state or territory law enforcement agencies;
               (if you are calling from outside Australia)                    • state or territory housing authorities (including private
                                                                                 landlords);
About the information you give                                                • local government authorities;
The department is authorised to collect information relevant                  • financial institutions;
to an application for sponsorship under Part 2 of the                         • educational institutions;
Migration Act 1958 ‘Control of Arrival and Presence of Non-                   • private businesses (including telecommunication and
Citizens’. The information collected will be used for assessing                  internet service providers, insurance companies); and
your eligibility to meet the sponsorship requirements and
                                                                              • any other relevant businesses or agencies.
any other migration requirements that you and/or the person
you are sponsoring must meet as set down in the Migration
Regulations.


                                                          © COMMONWEALTH OF AUSTRALIA, 2009                                     40SP (Design date 11/09) - Page 3
Options for receiving written communications                                Migration agents in Australia
       You may authorise another person to receive all                             Migration agents in Australia must be registered with the
       communications, both written and electronic, about your                     Office of the Migration Agents Registration Authority (Office of
       application with the department. You will be taken to have                  the MARA) unless they are exempt from registration.
       received any documents sent to that person as if they had
       been sent to you.                                                           Migration agents outside Australia
       To do this you will need to complete Part H Options                         Migration agents who operate outside Australia do not have
       for receiving written communications and form 956                           to be registered. The department may give some overseas
       Appointment of a migration agent or exempt agent or other                   agents an ID number. This number does not mean that they
       authorised recipient. For an explanation of what a migration                are registered.
       agent or exempt agent or authorised recipient can do please                 Note: Some Australian registered migration agents operate
       read the sections below.                                                    overseas.
       To change or end the appointment of your migration agent                    Exempt agents
       or exempt agent or authorised recipient you must promptly
       advise the department in writing. You can do this by using                  The following people do not have to be a registered migration
       form 956 Appointment of a migration agent or exempt agent                   agent in order to provide immigration assistance, but they
       or other authorised recipient.                                              must not charge a fee for their service:
                                                                                   • a close family member (spouse, de facto partner, child,
       Authorised recipient information                                              parent, brother or sister);
                                                                                   • a sponsor or nominator for this visa application;
       An authorised recipient is someone you appoint to receive
       written communications about your application with the                      • a member of parliament or their staff;
       department.                                                                 • an official whose duties include providing immigration
                                                                                     assistance (eg. a Legal Aid provider);
       All written communication about your application will be sent
       to your authorised recipient, unless you indicate that you wish             • a member of a diplomatic mission, consular post or
       to have health and/or character information sent directly to                  international organisation.
       you.
       The department will communicate with the most recently                      Further information on migration agents
       appointed authorised recipient as you may only appoint one                  Information on migration agents, including a list of registered
       authorised recipient at any time for a particular application.              migration agents, is available on the Office of the MARA
                                                                                   website www.themara.com.au
       Migration agent information                                                 You can also access information about migration agents on the
       A migration agent is someone who can:                                       department’s website www.immi.gov.au
       • advise you on the visa that may best suit you;
       • tell you the documents you need to submit with your                       Consent to communicate electronically
         application;                                                              The department may use a range of means to communicate
       • help you fill in the application and submit it; and                       with you. However, electronic means such as fax or e-mail
       • communicate with the department on your behalf.                           will only be used if you indicate your agreement to receiving
                                                                                   communication in this way. The department may also contact
       If you appoint a migration agent, the department will assume                people by mail, telephone or in person. However, if you have
       that your migration agent will be your authorised recipient,                an e-mail address, this may speed up communication.
       unless you indicate otherwise.
                                                                                   To process your application the department may need
       Your migration agent will be the person with whom the                       to communicate with you about sensitive information,
       department will discuss your application and from whom it                   for example, health, police checks, financial viability and
       will seek further information when required.                                personal relationships. Electronic communications, unless
       You are not required to use a migration agent. However, if you              adequately encrypted, are not secure and may be viewed
       use a migration agent, the department encourages you to use                 by others or interfered with. If you agree to the department
       a registered migration agent. Registered agents are bound by                communicating with you by electronic means, the details you
       the Migration Agents Code of Conduct, which requires them                   provide will only be used by the department for the purpose
       to act professionally in their clients’ lawful best interests.              for which you have provided them, unless there is a legal
                                                                                   obligation or necessity to use them for another purpose, or
       Immigration assistance                                                      you have consented to use for another purpose. They will not
       A person gives immigration assistance to you if he or she                   be added to any mailing list.
       uses, or claims to use, his or her knowledge or experience in               The Australian Government accepts no responsibility for the
       migration procedure to assist you with your visa application,               security or integrity of any information sent to the department
       request for ministerial intervention, cancellation review                   over the internet or by other electronic means.
       application, sponsorship or nomination.
       In Australia a person may only lawfully give immigration
       assistance if he or she is a registered migration agent or is                        Home page     www.immi.gov.au
       exempt from being registered. Only registered migration
       agents may receive a fee or reward for providing immigration                           General     Telephone 131 881 during business hours
       assistance.                                                                         enquiry line   in Australia to speak to an operator (recorded
       If an unregistered person in Australia, who is not exempt                                          information available outside these hours).
       from registration, gives you immigration assistance they are                                       If you are outside Australia, please contact
       committing a criminal offence and may be prosecuted.                                               your nearest Australian mission.

                                            Please keep these information pages for your reference
40SP (Design date 11/09) - Page 4                              © COMMONWEALTH OF AUSTRALIA, 2009
Form
                                                                Sponsorship for a partner
                                                                 to migrate to Australia                                                               40SP

    Please use a pen, and write neatly in English using BLOCK LETTERS.
    Tick where applicable      ✓

    Part A – Application overview                                                              Part C – Relationship details
1   How many people are included in this sponsorship for migration?                            Note: You are requested to inform the department if your relationship
                                                                                                     ends before your fiancé(e) or partner’s application to migrate is
    Adults                                       Children                                            decided.

                                                                                         9     When and where did you and your fiancé(e) or partner first meet?
    Part B – Fiancé(e) or partner’s details                                                             DAY    MONTH      YEAR

                                                                                               Date
2   Fiancé(e) or partner’s full name (as shown in passport
    or travel document)
                                                                                        10 How did you and your fiancé(e) or partner meet (eg. in person,
    Family name                                                                                internet, telephone, introduction by friends)?

    Given names
                                                                                               If you did not meet in person at this time, when and where did
                                                                                               you first physically meet?
                                                                                                        DAY    MONTH      YEAR
3   Fiancé(e) or partner’s name in his/her own language or script
    (if applicable)                                                                            Date

                                                                                               Place

                                                                                        11 How long after you met did you and your fiancé(e)
                                                                                               or partner begin a relationship?
4   Other ways your fiancé(e) or partner spells his/her name
                                                                                                                           (days, months or years)
    Family name

    Given names                                                                         12 When did you and your fiancé(e) or partner make the decision
                                                                                               that you both:
                                                                                               • wanted to commit to a long-term spouse or de facto
                                                                                                  relationship; or
5   Sex       Male             Female                                                          • intended to marry each other?
                      DAY      MONTH    YEAR                                                            DAY    MONTH      YEAR

6   Date of birth                                                                              Date

                                                                                               Note: If your fiancé(e) is applying for a Prospective Marriage visa,
7   Fiancé(e) or partner’s residential address                                                       go to Question 14.

                                                                                        13 When and where did you begin a married or de facto relationship with
                                                                                               your partner?
                                                 POSTCODE
                                                                                               A spouse or de facto relationship is a relationship between a couple
                                                                                               who have a mutual commitment to a shared life to the exclusion of any
8   Is the person you are sponsoring engaged to, legally married to or in a                    other spouse relationships or any other de facto relationships.
    de facto relationship with someone other than you?
                                                                                               The relationship between them is genuine and continuing and they live
    No                                                                                         together; or do not live separately and apart on a permanent basis.
    Yes         Give details                                                                            DAY    MONTH      YEAR

                                                                                               Date

                                                                                               Place




                                                                    © COMMONWEALTH OF AUSTRALIA, 2009                                                40SP (Design date 11/09) - Page 5
14 The person you are sponsoring is your:                                                         18 Have you previously sponsored/nominated a spouse, de facto partner,
                                                               DAY       MONTH      YEAR                    prospective spouse (fiancé(e)) or interdependent partner?
                         Spouse           Date of marriage                                                  No                   Yes           How many times?
                                          Place of marriage                                                 Give the following details for EACH time you have
                                                                                                            sponsored/nominated.
                                                                                                            If you do not have enough space, give details on an additional sheet of
            De facto partner              Date de facto        DAY       MONTH      YEAR                    paper, sign and date it, and attach it to this form.
                                          relationship                                                                                                           DAY    MONTH    YEAR
                                          commenced                                                         1. Date application lodged for
                                                                                                               previous sponsorship/nomination
                   Prospective            Are you and your prospective                                               Name of person sponsored/nominated at time of
                         spouse           spouse both free to marry?
                     (fiancé(e))                                                                                     sponsorship or nomination
                                          No            Yes
                                                                                                                     Family name
                                          Have you ever met your
                                          prospective spouse personally?                                             Given names

                                          No            Yes                                                          If applicable, other names this person is, or has been, known by
                                                               DAY       MONTH      YEAR                             (including name at birth, previous married names, aliases)
                                          Date of intended
                                          marriage                                                                   Family name
                                          Place of intended marriage                                                 Given names
                                                                                                                                                                 DAY    MONTH    YEAR
                                                                                                                     Date of birth of person sponsored/
   15 Are you engaged to, legally married to or in a de facto relationship with                                      nominated
            a person other than the person you are sponsoring?                                                       Relationship to you (spouse, de facto partner, fiancé(e),
            No                                                                                                       interdependent partner)
                                                               DAY       MONTH      YEAR
            Yes              Date of marriage or when
                             relationship commenced
                                                                                                                     Name of overseas post/Australian office where
                             Place of marriage                                                                       sponsorship or nomination was lodged

   16 Do you and your fiancé(e) or partner intend to maintain a
            lasting relationship?                                                                                    Was a visa granted?
                                                                                                                                                                 DAY    MONTH    YEAR
            No                      Yes                                                                              No          Yes           Date visa
                                                                                                                                               was granted
                                                                                                                                                                 DAY    MONTH    YEAR
   17 Did you enter into this relationship solely to gain permanent residence
            in Australia for your fiancé(e) or partner?                                                              Date relationship ended

            No                      Yes                                                                              How relationship ended (eg. divorce, death)




40SP (Design date 11/09) - Page 6                                                © COMMONWEALTH OF AUSTRALIA, 2009
DAY    MONTH        YEAR
     2. Date application lodged for                                                               3. Family name
        previous sponsorship/nomination
                                                                                                           Given names
          Name of person sponsored/nominated at time of                                                                    DAY   MONTH   YEAR
          sponsorship or nomination                                                                        Date of birth                        Male          Female
          Family name                                                                                      Country of
                                                                                                           current residence
          Given names
                                                                                                           Citizenship
          If applicable, other names this person is, or has been, known by
          (including name at birth, previous married names, aliases)                              4. Family name
          Family name                                                                                      Given names
          Given names                                                                                                      DAY   MONTH   YEAR

                                                                                                           Date of birth                        Male          Female
                                                      DAY    MONTH        YEAR
          Date of birth of person sponsored/                                                               Country of
          nominated                                                                                        current residence
          Relationship to you (spouse, de facto partner, fiancé(e),                                        Citizenship
          interdependent partner)

                                                                                                  5. Family name
          Name of overseas post/Australian office where                                                    Given names
          sponsorship or nomination was lodged
                                                                                                                           DAY   MONTH   YEAR

                                                                                                           Date of birth                        Male          Female
          Was a visa granted?                                                                              Country of
                                                      DAY    MONTH        YEAR                             current residence
          No            Yes         Date visa
                                    was granted                                                            Citizenship
                                                      DAY    MONTH        YEAR

          Date relationship ended                                                                 6. Family name
          How relationship ended (eg. divorce, death)                                                      Given names
                                                                                                                           DAY   MONTH   YEAR

                                                                                                           Date of birth                        Male          Female
19 Give details of ALL your fiancé(e) or partner’s dependent                                               Country of
     family members who are included in this sponsorship                                                   current residence
     1. Family name                                                                                        Citizenship

          Given names
                              DAY   MONTH   YEAR                                                  7. Family name
          Date of birth                               Male            Female                               Given names
          Country of                                                                                                       DAY   MONTH   YEAR
          current residence
                                                                                                           Date of birth                        Male          Female
          Citizenship                                                                                      Country of
                                                                                                           current residence
     2. Family name                                                                                        Citizenship

          Given names
                              DAY   MONTH   YEAR                                                  8. Family name
          Date of birth                               Male            Female                               Given names
          Country of                                                                                                       DAY   MONTH   YEAR
          current residence
                                                                                                           Date of birth                        Male          Female
          Citizenship                                                                                      Country of
                                                                                                           current residence
                                                                                                           Citizenship




                                                                       © COMMONWEALTH OF AUSTRALIA, 2009                                           40SP (Design date 11/09) - Page 7
Part D – Your details                                                                        27 Details from your passport
   20 Your full name (as shown in your passport or travel document)                                             Passport number

            Family name                                                                                         Country or
                                                                                                                passport
                                                                                                                                          DAY        MONTH        YEAR
            Given names
                                                                                                                Date of issue
                                                                                                                                          DAY        MONTH        YEAR

                                                                                                                Date of expiry
   21 Name in your own language or script (if applicable)
                                                                                                                Issuing authority/
                                                                                                                Place of issue as
                                                                                                                shown in your
                                                                                                                passport
   22 Other ways you spell your name
                                                                                                         28 Were you sponsored/nominated to Australia as a spouse, de facto
            Family name                                                                                         partner, prospective spouse (fiancé(e)) or interdependent partner?
            Given names                                                                                         No
                                                                                                                Yes           Give details
                                                                                                                                                                  DAY       MONTH       YEAR

                                                                                                                Date of sponsorship/nomination
   23 Sex                 Male            Female
                                                                                                                Name of overseas post/Australian office where
                                                                                                                sponsorship or nomination was lodged
                                    DAY   MONTH    YEAR

   24 Date of birth
                                                                                                                                                     DAY      MONTH          YEAR

   25 Place of birth                                                                                            Date relationship ended

            Town/city                                                                                           How relationship ended
                                                                                                                (eg. divorce, death)
            Country
                                                                                                         29 Have you ever been granted a contributory parent category visa?
   26 What is your citizenship/residence status in Australia?                                                   No                                                DAY       MONTH       YEAR
            (Tick one box only)                                                                                 Yes           Date of visa grant
                   Australian citizen by birth            Please attach proof
                                                                                                         30 Your current residential address
                  Australian citizen by grant             Date of arrival in Australia
                                                            DAY    MONTH      YEAR



                                                          Attach proof of citizenship and                                                                                   POSTCODE
                                                          length of residence
                                                                                                                Note: If your residential address is not in Australia, please attach
                                                                                                                      a statement at the end of this form outlining how you will
                           Permanent resident             Date of arrival in Australia                                meet your sponsorship obligations. See Part I – Sponsorship
                                  of Australia              DAY    MONTH      YEAR
                                                                                                                      undertaking

                                                          Attach proof of length of residence            31 Address for correspondence
                                                          Which citizenships do you hold?                       (If different to your residential address)




                                                                                                                                                                            POSTCODE
               Eligible New Zealand citizen               Length of residence in Australia
                                                                                                         32 Your telephone numbers
                                                                                                                                      COUNTRY CODE         AREA CODE                   NUMBER
                                                          Please attach proof
                                                                                                                Office hours      (                  ) (                )


                                                                                                                After hours       (                  ) (                )




40SP (Design date 11/09) - Page 8                                                    © COMMONWEALTH OF AUSTRALIA, 2009
33 Do you agree to the department communicating with you by fax, e-mail                                   36 Have you received Newstart Allowance, Parenting Payment,
     or other electronic means?                                                                                  Youth Allowance, Widow Allowance or Special Benefit during
     No                                                                                                          the last 2 years?

     Yes          Give details                                                                                   No
                                COUNTRY CODE         AREA CODE                NUMBER                             Yes             Give details
     Fax number             (                  ) (               )
                                                                                                                 1. Type of payment
     E-mail address
                                                                                                                                    DAY    MONTH     YEAR            DAY      MONTH           YEAR

34 What is your current employment status?                                                                                From                                to
       In paid employment                                                           Retired
              Home duties                                            Receiving a pension                         2. Type of payment

     Seeking employment                                                Full-time student
                                                                                                                                    DAY    MONTH     YEAR            DAY      MONTH           YEAR
                      Other             Specify                                                                           From                                to

35 Have you been in paid employment at any time during the last 2 years?                                         3. Type of payment
     No
     Yes          Give details of your employment history for the last 2 years                                                      DAY    MONTH     YEAR            DAY      MONTH           YEAR

     1. Occupation                                                                                                        From                                to

           Employer                                                                                       37 Are you currently receiving any other form of social security benefit,
                      DAY       MONTH      YEAR                      DAY    MONTH        YEAR                    pension or allowance (including any benefits received from a
           From                                           to                                                     country outside Australia)?
                                                                                                                 No
     2. Occupation                                                                                               Yes             Give details

           Employer
                      DAY       MONTH      YEAR                      DAY    MONTH        YEAR

           From                                           to


     3. Occupation                                                                                        38 Do you have any dependants?
           Employer                                                                                              No
                      DAY       MONTH      YEAR                      DAY    MONTH        YEAR                    Yes             Give details
           From                                           to                                                                     Number of dependent children
                                                                                                                                 Details of other dependants (eg. retired parents
     You should provide certified photocopies of one of the following                                                            in Australia or overseas)
     documents to show your employment during the last 2 years:
     • Australian income and/or overseas tax assessment notices*;
     OR
     • a letter from your employer confirming length of employment and
        annual salary;
     OR
     • payslips;
     OR
     • business documents or a letter from your accountant if you are
        self-employed or self-funded from other sources.
     *The department does not require your Tax File Number (TFN). If your
     TFN is shown on your tax assessment notice, you may wish to remove
     or obscure it before you attach the copy of the assessment notice to
     this form.




                                                                                      © COMMONWEALTH OF AUSTRALIA, 2009                                                    40SP (Design date 11/09) - Page 9
39 Have you ever:                                                                             41 Have you ever:
            • specifically, been convicted of a crime or                                                • in addition to any crime or offence disclosed in
              offence in any country (including any conviction                                            response to Question 39, been convicted of a
              which is now removed from official records),                                                crime or offence in any country (including any
              relating to persons under the age of 16,                                                    conviction which is now removed from official
              including but not limited to: child abuse, child                                            records)?                                            No       Yes
              sex, endangering a child, indecent dealings with                                          • in addition to any crime or offence disclosed in
              a child, or possession of child pornography?     No             Yes                         response to Question 39, been charged with
                                                                                                          any offence that is currently awaiting legal
            • specifically, been charged with any offence                                                 action?                                              No       Yes
              that is currently awaiting legal action, in any
              country, relating to persons under the age of 16,                                         • been acquitted of any criminal offence or
              including but not limited to: child abuse, child                                            other offence on the grounds of mental illness,
              sex, endangering a child, indecent dealings with                                            insanity or unsoundness of mind?                     No       Yes
              a child, or possession of child pornography?      No            Yes                       • been removed or deported from any country
                                                                                                          (including Australia)?                               No       Yes
            If you answered ‘Yes’ to either of the above questions, you should give                     • left any country to avoid being removed or
            ALL relevant details. If the matter relates to a criminal conviction, please                  deported?                                            No       Yes
            give the nature of the offence, full details of sentence and dates of any                   • been excluded from or asked to leave any
            period of imprisonment or other detention.                                                    country (including Australia)?                       No       Yes
                                                                                                        • committed, or been involved in, the commission
                                                                                                          of war crimes or crimes against humanity or
                                                                                                          human rights?                                        No       Yes
                                                                                                        • been involved in any activities that would
                                                                                                          represent a risk to Australian national security?    No       Yes
                                                                                                        • had any outstanding debts to the Australian
                                                                                                          Government or any public authority in Australia? No           Yes
                                                                                                        • been involved in any activity, or been convicted
                                                                                                          of any offence, relating to the illegal movement
                                                                                                          of people to any country (including Australia)?      No       Yes

   40 Are you an eligible New Zealand citizen?                                                          • served in a military force or state
                                                                                                          sponsored/private militia, undergone any
            No               Go to Part E                                                                 military/paramilitary training, or been trained in
            Yes                                                                                           weapons/explosives use (however described)?          No       Yes

                                                                                                        If you answered ‘Yes’ to any of the above questions, you must give ALL
                                                                                                        relevant details. If the matter relates to a criminal conviction, please
                                                                                                        give the nature of the offence, full details of sentence and dates of any
                                                                                                        period of imprisonment or other detention.




40SP (Design date 11/09) - Page 10                                           © COMMONWEALTH OF AUSTRALIA, 2009
42 In which countries have you lived for 12 months (in total) or more during the last 10 years?
                                                   Dates lived there
                    Country                          MONTH        YEAR                                       Last permanent address in that country
                                            FROM

                                              TO

                                            FROM

                                              TO

                                            FROM

                                              TO

                                            FROM

                                              TO

                                            FROM

                                              TO

                                            FROM

                                              TO

                                            FROM

                                              TO

                                            FROM

                                              TO

                                            FROM

                                              TO



43 Have you ever had, or do you currently have, tuberculosis or any other serious disease
     (including mental illness), condition or disability?

     No
     Yes         Is the disease, condition or disability one that requires, or is
                 likely to require, medical, hospital or special care?
                 No
                 Yes          Give ALL relevant details




                                                                         © COMMONWEALTH OF AUSTRALIA, 2009                                            40SP (Design date 11/09) - Page 11
Part E – About your home                                                                    Part G – Assistance with this form
   44 Type of dwelling:                                                                          51 Did you receive assistance in completing this form?
                             House                                                                      No            Go to Part H

                                Flat                                                                    Yes           Please give details of the person who assisted you

                              Other       Specify                                                       Title:   Mr             Mrs            Miss              Ms              Other

                                                                                                        Family name
   45 How many bedrooms does the dwelling have?
                                                                                                        Given names
   46 How many people live in the dwelling?
                                                                                                        Address
   47 What is the relationship of these people to you?
                              Child
                                                                                                                                                                      POSTCODE
                            Parent
                           Spouse                                                                       Telephone number or daytime contact
              De facto partner                                                                                                  COUNTRY CODE         AREA CODE                    NUMBER

                            Sibling                                                                     Office hours        (                  ) (               )


                              Other       Specify                                                       Mobile/cell

   48 Ownership of dwelling:                                                                     52 Is the person an agent registered with the Office of the Migration
                   Own outright                                                                         Agents Registration Authority (Office of the MARA)?

            Paying home loan                                                                            No

                 Public housing                                                                         Yes           Go to Part H

                               Rent                                                              53 Is the person/agent in Australia?
                              Other       Specify                                                       No            Go to Part H
                                                                                                        Yes
   49 Will the person you are sponsoring be living with you?
            No               What accommodation do you propose for the person                    54 Did you pay the person/agent and/or give a gift for this assistance?
            Yes              you are sponsoring?                                                        No
                                                                                                        Yes


                                                                                                        Part H – Options for receiving written
                                                                                                        communications
                                                                                                 55 All written communications about this application should be sent to:
                                                                                                        (Tick one box only)
            Part F – Previous                                                                                         Myself               All written communications will be sent to
            sponsorships/nominations                                                                                   OR
                                                                                                                                           the address for communications that you
                                                                                                                                           have provided in this form.
   50 Have you lodged any other sponsorship/nomination (other than the                                           Authorised
                                                                                                                   recipient               You must complete form 956 Appointment
            sponsorships/nominations you have recorded in Question 18) or signed
            a maintenance guarantee or an Assurance of Support?                                                        OR                  of a migration agent or exempt agent or
                                                                                                                                           other authorised recipient and attach it to
            No                                                                                            Migration agent                  this application form. Form 956 is available
            Yes              Attach a statement showing the relationship of the person                                 OR                  from the department’s website
                             you have sponsored/nominated or assured and the dates                          Agent exempt                   www.immi.gov.au
                             of lodgement of sponsorships/nominations (including any                     from registration
                             current sponsorship/nomination), maintenance guarantees
                             or assurances.




40SP (Design date 11/09) - Page 12                                           © COMMONWEALTH OF AUSTRALIA, 2009
Part I – Sponsorship undertaking
56 Undertaking                                                                                 I authorise the department to obtain information relevant to my offer
    WARNING: Giving false or misleading information is a serious offence.                      to provide this sponsorship from other government agencies or
                                                                                               organisations. The agencies/organisations may include:
    I agree:
                                                                                               • federal, state or territory government agencies;
    • to provide information and advice to help the person(s) I am
      sponsoring settle in Australia;                                                          • federal, state or territory law enforcement agencies;

    • to ensure that adequate accommodation is available to them on                            • state or territory housing authorities (including private landlords);
      arrival in Australia or, if necessary, to provide accommodation for up                   • local government authorities;
      to 2 years from arrival in Australia, or the 2 years following grant of                  • financial institutions;
      my partner’s visa if my partner is applying in Australia;
                                                                                               • educational institutions;
    • to provide support as required to enable them to attend appropriate
      English language courses;                                                                • private businesses (including telecommunication and internet
                                                                                                 service providers, insurance companies); and
    • to attend an interview (if requested by the department) in relation to
      my fiancé(e) or partner’s application;                                                   • any other relevant businesses or agencies.

    I will inform the department in writing if I withdraw my support for my                    I acknowledge the department may inform the migration applicant,
    fiancé(e) or partner before their application is finalised.                                and any non-migrating person who can lawfully determine where
                                                                                               the applicant’s migrating minor child may live, about the convictions
    I acknowledge that there are grounds under the Migration Regulations                       or charges it becomes aware of through either my response to
    family violence and child custody and maintenance provisions (as                           Question 39 or liaison with relevant Commonwealth, state or territory
    explained in booklet 1, Partner Migration) for my partner to obtain                        agencies.
    permanent residence if our relationship breaks down before final
    decision.                                                                                  Signature
    I declare that the information I have supplied in this form is complete,                   of sponsor
    correct and up-to-date in every detail.
    I am aware that any person who provides false or misleading                                Name
    information or who deceives or misleads or who presents a forged
                                                                                                                DAY    MONTH      YEAR
    document to an Australian Government official may be prosecuted.
                                                                                                        Date
    I am aware that if false or incorrect information is given on this form,
    the application of the person(s) I am sponsoring may be refused, and/or
    any visa granted to that person may be liable to cancellation.                           We strongly advise that you keep a copy of your application
                                                                                             and all attachments for your records.
    I authorise Centrelink to give information about me, relevant to my
    offer to provide this sponsorship, to the Department of Immigration and
    Citizenship.




                                                                    © COMMONWEALTH OF AUSTRALIA, 2009                                               40SP (Design date 11/09) - Page 13

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40sp

  • 1. Form Sponsorship for a partner to migrate to Australia 40SP Important – Please read this information carefully before you Limitations on sponsorship complete your application. Once you have completed your You should note that certain sponsorship limitations apply. application we strongly advise that you keep a copy for your records. These are: This form 40SP is to be completed by the sponsor of • the number of approved sponsorships/nominations2 you persons applying for a partner category visa either can make is limited to 2, a minimum of 5 years apart; and outside Australia or in Australia. • if you were originally sponsored or nominated to Australia as a spouse, fiancé(e), interdependent partner or de facto If the fiancé(e) or partner you are sponsoring is partner you cannot sponsor a new spouse, fiancé(e) or applying outside Australia, your fiancé(e) or partner de facto partner for a period of 5 years from when you were will be applying to migrate. If your fiancé(e) or partner sponsored. is applying in Australia, your fiancé(e) or partner will be applying for permanent residence. In this form, the There are some exceptions to these requirements in term ‘migrate’ covers both. compelling circumstances. These include: For details on partner category visa processing, see booklet 1, • if your previous partner has died; Partner Migration, which is available on the Department of • if your previous partner has abandoned the relationship, Immigration and Citizenship (the department) website leaving young children; or www.immi.gov.au/allforms/ or from any office of the • if you have formed a new relationship that is long-standing. department or Australian mission overseas. Current and previous contributory parent category visa Further information on partner category migration is available holders from www.immi.gov.au/migrants/ or the department’s If you have been granted a contributory parent category visa enquiry line (see information box on page 4). on or after 1 July 2009, you are unable to sponsor a person for a partner or fiancé(e) visa for 5 years from your visa grant Integrity of sponsorship date if you were in a married or de facto relationship with The department is committed to maintaining the integrity of that person on or before the date you were granted the the visa and citizenship programs. Please be aware that if you contributory parent category visa. There are some exceptions provide us with fraudulent documents or claims, this may to this limitation in compelling circumstances. result in processing delays and possibly your sponsorship being refused. Protection of children The department has concerns about Australian citizens and Who can sponsor residents who have been convicted of or are facing charges If you wish to sponsor a fiancé(e) or partner to enter or for child sex offences and who are sponsoring partners and remain in Australia: minor children for entry to Australia under family migration arrangements. While such cases are rare, it is essential that • you must be an Australian citizen, Australian permanent you as a sponsor disclose to the department any information resident or eligible New Zealand citizen; and relating to any conviction you have had or any charges • generally, you must be aged 18 years or over1; and currently awaiting legal action. • for a Prospective Marriage visa, you must be known It is also important that migration applicants, and any personally to your fiancé(e) and have met as adults and non-migrating person who can lawfully determine where there must be no impediment to your marriage; or a migrating minor child is to live, are informed when the • for a Partner visa, you must be in a married or de facto sponsor has such convictions or outstanding charges. relationship with your partner. When the department is aware of any convictions or charges ‘Partner’ means your spouse or de facto partner (including of this nature, through either: same-sex partners). • the answers you provide to Question 39 on form 40SP 1 Sponsorship for a partner to migrate to Australia; or If you are: • aged 16 or 17 years; • liaison with relevant Commonwealth, state and territory • in Australia; and agencies • wish to sponsor your fiancé(e) or spouse who is aged 18 years or it may inform the migration applicant, and any non-migrating over, your parent or guardian must be your fiancé(e) or spouse’s person who can lawfully determine where the applicant’s sponsor. Your parent or guardian must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen migrating minor child may live, about the convictions or aged 18 years or over. charges. Signing the sponsorship undertaking will be taken as If your parent or guardian is undertaking this sponsorship, they your acknowledgement of this approach. should complete all information on the form about you on your behalf. 2 Prior to 1 July 2002, persons who applied in Australia for migration to Australia as a fiancé(e) or partner, were ‘nominated’ by their partner. Those who applied outside Australia were ‘sponsored’. Approved sponsorships or nominations are those which resulted in a visa being granted to the applicant. © COMMONWEALTH OF AUSTRALIA, 2009 40SP (Design date 11/09) - Page 1
  • 2. How to sponsor What documents do you need? You must ensure that you: The department will need proof of your relationship with your • are eligible to sponsor your fiancé(e) or partner (for fiancé(e) or partner. example, you may not be able to sponsor if you are the It will help your fiancé(e) or partner’s application if you send holder of a Refugee Woman at Risk (subclass 204) visa or with this form any documents that confirm your relationship. you are subject to sponsorship limitations – you will need If you have changed your name since birth, you should also to discuss your individual circumstances with the nearest provide evidence of this. office of the department); • complete and sign this form; and You will also need to send evidence of your permanent resident status in Australia (for example, a certified copy of • send this form to your fiancé(e) or partner before your the relevant pages of your passport identifying the Australian fiancé(e) or partner lodges their application. permanent resident visa or Resident Return visa label) or Your fiancé(e) or partner should: proof that you are an eligible New Zealand citizen3. An • complete a form 47SP Application for migration to Australian citizen will need to send a certified copy of their Australia by a partner; and citizenship certificate or, if Australian-born, a certified copy • if applicable, arrange for a form 47A Details of child or of their full birth certificate. If you are unsure about the other dependent family member aged 18 years or over to documents needed to do this, contact the nearest office of the be completed and signed by each dependent child and department. dependent relative of your fiancé(e) or partner who is aged You will also need to demonstrate that you will be able to 18 years or over (whether or not they are migrating with meet your sponsorship obligations as undertaken by you your fiancé(e) or partner). when you complete and sign this form (see ‘Your sponsorship Your partner should lodge these form(s), together with this undertaking’ below). The information requested on this sponsorship form, at the nearest office of the department form, including documents relating to your employment and if your partner is applying in Australia, or at the relevant income, will assist the decision-maker in deciding whether you Australian mission if your partner is applying outside Australia. are able to meet these obligations. For the relevant office’s contact details, see the department’s If you are sending copies of documents, they will need to be website www.immi.gov.au/contacts/ certified as true copies of the original by a person authorised When you send this form to your fiancé(e) or partner, it is to witness statutory declarations (for a list of prescribed important that you tell them that the form 47SP the form(s) , persons, see ‘Statutory declarations’ in booklet 1, Partner 47A (if applicable), this sponsorship form, any supporting Migration). documentation and the visa application charge (or evidence It is in your interest to provide all the documents requested that the charge has been paid) must be lodged together. with the application. Failure to do so may result in processing If your fiancé(e) or partner is applying outside Australia and of the application being delayed. you are able to demonstrate difficulty in forwarding mail to your fiancé(e) or partner, you should lodge this form at the Your sponsorship undertaking nearest office of the department in Australia. That office will As a sponsor for your fiancé(e) or partner’s visa application to forward the sponsorship to the Australian mission nearest migrate to Australia, you sign a sponsorship undertaking at the your fiancé(e) or partner. end of this form. Note: After your fiancé(e) or partner has lodged their partner If your fiancé(e) applies for and is granted a Prospective category visa application, and before a decision is made Marriage visa, as sponsor you will be responsible for all on their visa, providing location requirements can be financial obligations to the Commonwealth that your fiancé(e) met, your fiancé(e) or partner may be able to have might incur during the period he/she is in Australia. added to their application a dependent child who was previously not included in the application as a person If your partner applies for and is granted a Partner visa, as migrating to Australia with your fiancé(e) or partner. In sponsor you agree to provide adequate accommodation addition to your fiancé(e) or partner having to notify and financial assistance as required to meet your partner’s the department in writing of this addition, you may reasonable living needs. If your partner is applying outside have to complete a new form 40SP to include that Australia, this assistance would cover their first 2 years in dependent child with your fiancé(e) or partner and any Australia. If your partner is applying in Australia, this assistance other family members you are sponsoring to migrate to would cover the 2 years following the grant of his/her partner Australia. visa. You are also required to provide financial and other support, such as childcare, that will enable your partner to attend appropriate English classes. 3 An eligible New Zealand citizen is one who held a Special Category Visa (SCV) on 26 February 2001; or held a SCV for at least 1 year in the 2 years preceding that date; or has a certificate, issued under the Social Security Act 1991, that states that the citizen was, for the purposes of that Act, residing in Australia on a particular date and who would have met certain health and character requirements on last entry to Australia. 40SP (Design date 11/09) - Page 2 © COMMONWEALTH OF AUSTRALIA, 2009
  • 3. By signing the undertaking, you will also be agreeing to When sponsorship applications present potential child provide information and advice to help your fiancé(e) or protection issues, the department may provide the partner settle in Australia. This information and advice should information that raises child protection concerns to the visa include telling your partner about employment in Australia. applicant(s) and any non-migrating person who can lawfully It is important that your fiancé(e) or partner and his or her determine where the applicant’s migrating minor child may dependants understand that a good standard of spoken and live. See Protection of children on page one. written English is essential if they want to work in Australia. The information collected might also be disclosed to Without these skills, it will be very difficult for them to gain agencies who are authorised to receive information relating employment at a level commensurate with their job skills and to adoption, border control, business skills, citizenship, qualifications. They should therefore assess their own education, health assessment, health insurance, health employment prospects in Australia, whether or not services, law enforcement, payment of pensions and benefits, they intend to work immediately. taxation, review of decisions and registration of migration agents. Assurance of Support The information collected, including the results of any tests After your fiancé(e) or partner has lodged their partner for Human Immunodeficiency Virus (HIV), will be used to category visa application, the department may ask them to assess your eligibility as a New Zealand citizen to sponsor your request another person to provide an Assurance of Support fiancé(e) or partner. A positive HIV or other test result will not (AoS) on their behalf. This would be done if your fiancé(e) necessarily lead to your fiancé(e) or partner’s visa application or partner is assessed as being a potentially high user of the being refused. Your results may be disclosed to the relevant Australian welfare system during their first 2 years in Australia, Commonwealth, state and territory health agencies. or the 2 years following grant of your partner’s visa if your The department has authority under the Migration Act 1958 partner is applying in Australia. As well as your fiancé(e) or to collect a range of personal identifiers from non-citizens, partner’s circumstances, your ability to support your fiancé(e) including visa applicants, in certain circumstances. For more or partner (and any other dependants included in the detailed information, you should read information form 1243i application) may be taken into account by the decision-maker Your personal identifying information, which is available in deciding whether to request an AoS. Some of the from the department’s website www.immi.gov.au/allforms/ information given by you on this form may be used for this. or from any office of the department or Australian mission overseas. What is an Assurance of Support? The collection, access, storage, use and disclosure by the An AoS is an undertaking to provide financial support to the department of the information you provide in this form is person or persons applying to migrate so that the migrant will governed by the Privacy Act 1988 and, in particular, by the not have to rely on any government forms of support. 11 Information Privacy Principles. The information form 993i Safeguarding your personal information, gives details It is also a legal commitment by a person to repay to the of agencies to which your personal information might be Australian Government certain recoverable social security disclosed. This form is available on the department’s website payments made by Centrelink to those covered by the www.immi.gov.au/allforms/ or from any office of the assurance. department or Australian mission overseas. As sponsor, you are not required to act as the assurer if you Form 1071i Health requirement for permanent entry to are not in a financial position to qualify. Generally, a person Australia provides additional information on Australia’s who has received the full rate of any pension, benefit or visa health requirements. Form 1071i is available from the allowance (other than family payments) from Centrelink department’s website www.immi.gov.au/allforms/ or from during the last year will not qualify as an assurer. Another any office of the department or Australian mission overseas. person who is an Australian citizen or permanent resident or eligible New Zealand citizen3 who is usually resident in Note: Under section 234 of the Migration Act 1958 (the Act), Australia and aged 18 years or over can act as the assurer. you may be prosecuted for deliberately providing false or misleading information to the department. Although it is the department that decides whether or not an AoS is required, Centrelink has responsibility for assessing all AoS applications. For more information about the AoS Obtaining information about you from other agencies scheme, see Fact sheet 34 at www.immi.gov.au/media/ and organisations If your partner needs to lodge an AoS, the proposed assurer Under section 56 of the Act, the department may seek will need to contact Centrelink about application procedures. information about you that is relevant to your sponsorship application from other agencies and organisations. The Centrelink agencies/organisations may include: Telephone: 132 850 (if you are calling within Australia) • federal, state or territory government agencies; Telephone: 61 3 6222 3455 • federal, state or territory law enforcement agencies; (if you are calling from outside Australia) • state or territory housing authorities (including private landlords); About the information you give • local government authorities; The department is authorised to collect information relevant • financial institutions; to an application for sponsorship under Part 2 of the • educational institutions; Migration Act 1958 ‘Control of Arrival and Presence of Non- • private businesses (including telecommunication and Citizens’. The information collected will be used for assessing internet service providers, insurance companies); and your eligibility to meet the sponsorship requirements and • any other relevant businesses or agencies. any other migration requirements that you and/or the person you are sponsoring must meet as set down in the Migration Regulations. © COMMONWEALTH OF AUSTRALIA, 2009 40SP (Design date 11/09) - Page 3
  • 4. Options for receiving written communications Migration agents in Australia You may authorise another person to receive all Migration agents in Australia must be registered with the communications, both written and electronic, about your Office of the Migration Agents Registration Authority (Office of application with the department. You will be taken to have the MARA) unless they are exempt from registration. received any documents sent to that person as if they had been sent to you. Migration agents outside Australia To do this you will need to complete Part H Options Migration agents who operate outside Australia do not have for receiving written communications and form 956 to be registered. The department may give some overseas Appointment of a migration agent or exempt agent or other agents an ID number. This number does not mean that they authorised recipient. For an explanation of what a migration are registered. agent or exempt agent or authorised recipient can do please Note: Some Australian registered migration agents operate read the sections below. overseas. To change or end the appointment of your migration agent Exempt agents or exempt agent or authorised recipient you must promptly advise the department in writing. You can do this by using The following people do not have to be a registered migration form 956 Appointment of a migration agent or exempt agent agent in order to provide immigration assistance, but they or other authorised recipient. must not charge a fee for their service: • a close family member (spouse, de facto partner, child, Authorised recipient information parent, brother or sister); • a sponsor or nominator for this visa application; An authorised recipient is someone you appoint to receive written communications about your application with the • a member of parliament or their staff; department. • an official whose duties include providing immigration assistance (eg. a Legal Aid provider); All written communication about your application will be sent to your authorised recipient, unless you indicate that you wish • a member of a diplomatic mission, consular post or to have health and/or character information sent directly to international organisation. you. The department will communicate with the most recently Further information on migration agents appointed authorised recipient as you may only appoint one Information on migration agents, including a list of registered authorised recipient at any time for a particular application. migration agents, is available on the Office of the MARA website www.themara.com.au Migration agent information You can also access information about migration agents on the A migration agent is someone who can: department’s website www.immi.gov.au • advise you on the visa that may best suit you; • tell you the documents you need to submit with your Consent to communicate electronically application; The department may use a range of means to communicate • help you fill in the application and submit it; and with you. However, electronic means such as fax or e-mail • communicate with the department on your behalf. will only be used if you indicate your agreement to receiving communication in this way. The department may also contact If you appoint a migration agent, the department will assume people by mail, telephone or in person. However, if you have that your migration agent will be your authorised recipient, an e-mail address, this may speed up communication. unless you indicate otherwise. To process your application the department may need Your migration agent will be the person with whom the to communicate with you about sensitive information, department will discuss your application and from whom it for example, health, police checks, financial viability and will seek further information when required. personal relationships. Electronic communications, unless You are not required to use a migration agent. However, if you adequately encrypted, are not secure and may be viewed use a migration agent, the department encourages you to use by others or interfered with. If you agree to the department a registered migration agent. Registered agents are bound by communicating with you by electronic means, the details you the Migration Agents Code of Conduct, which requires them provide will only be used by the department for the purpose to act professionally in their clients’ lawful best interests. for which you have provided them, unless there is a legal obligation or necessity to use them for another purpose, or Immigration assistance you have consented to use for another purpose. They will not A person gives immigration assistance to you if he or she be added to any mailing list. uses, or claims to use, his or her knowledge or experience in The Australian Government accepts no responsibility for the migration procedure to assist you with your visa application, security or integrity of any information sent to the department request for ministerial intervention, cancellation review over the internet or by other electronic means. application, sponsorship or nomination. In Australia a person may only lawfully give immigration assistance if he or she is a registered migration agent or is Home page www.immi.gov.au exempt from being registered. Only registered migration agents may receive a fee or reward for providing immigration General Telephone 131 881 during business hours assistance. enquiry line in Australia to speak to an operator (recorded If an unregistered person in Australia, who is not exempt information available outside these hours). from registration, gives you immigration assistance they are If you are outside Australia, please contact committing a criminal offence and may be prosecuted. your nearest Australian mission. Please keep these information pages for your reference 40SP (Design date 11/09) - Page 4 © COMMONWEALTH OF AUSTRALIA, 2009
  • 5. Form Sponsorship for a partner to migrate to Australia 40SP Please use a pen, and write neatly in English using BLOCK LETTERS. Tick where applicable ✓ Part A – Application overview Part C – Relationship details 1 How many people are included in this sponsorship for migration? Note: You are requested to inform the department if your relationship ends before your fiancé(e) or partner’s application to migrate is Adults Children decided. 9 When and where did you and your fiancé(e) or partner first meet? Part B – Fiancé(e) or partner’s details DAY MONTH YEAR Date 2 Fiancé(e) or partner’s full name (as shown in passport or travel document) 10 How did you and your fiancé(e) or partner meet (eg. in person, Family name internet, telephone, introduction by friends)? Given names If you did not meet in person at this time, when and where did you first physically meet? DAY MONTH YEAR 3 Fiancé(e) or partner’s name in his/her own language or script (if applicable) Date Place 11 How long after you met did you and your fiancé(e) or partner begin a relationship? 4 Other ways your fiancé(e) or partner spells his/her name (days, months or years) Family name Given names 12 When did you and your fiancé(e) or partner make the decision that you both: • wanted to commit to a long-term spouse or de facto relationship; or 5 Sex Male Female • intended to marry each other? DAY MONTH YEAR DAY MONTH YEAR 6 Date of birth Date Note: If your fiancé(e) is applying for a Prospective Marriage visa, 7 Fiancé(e) or partner’s residential address go to Question 14. 13 When and where did you begin a married or de facto relationship with your partner? POSTCODE A spouse or de facto relationship is a relationship between a couple who have a mutual commitment to a shared life to the exclusion of any 8 Is the person you are sponsoring engaged to, legally married to or in a other spouse relationships or any other de facto relationships. de facto relationship with someone other than you? The relationship between them is genuine and continuing and they live No together; or do not live separately and apart on a permanent basis. Yes Give details DAY MONTH YEAR Date Place © COMMONWEALTH OF AUSTRALIA, 2009 40SP (Design date 11/09) - Page 5
  • 6. 14 The person you are sponsoring is your: 18 Have you previously sponsored/nominated a spouse, de facto partner, DAY MONTH YEAR prospective spouse (fiancé(e)) or interdependent partner? Spouse Date of marriage No Yes How many times? Place of marriage Give the following details for EACH time you have sponsored/nominated. If you do not have enough space, give details on an additional sheet of De facto partner Date de facto DAY MONTH YEAR paper, sign and date it, and attach it to this form. relationship DAY MONTH YEAR commenced 1. Date application lodged for previous sponsorship/nomination Prospective Are you and your prospective Name of person sponsored/nominated at time of spouse spouse both free to marry? (fiancé(e)) sponsorship or nomination No Yes Family name Have you ever met your prospective spouse personally? Given names No Yes If applicable, other names this person is, or has been, known by DAY MONTH YEAR (including name at birth, previous married names, aliases) Date of intended marriage Family name Place of intended marriage Given names DAY MONTH YEAR Date of birth of person sponsored/ 15 Are you engaged to, legally married to or in a de facto relationship with nominated a person other than the person you are sponsoring? Relationship to you (spouse, de facto partner, fiancé(e), No interdependent partner) DAY MONTH YEAR Yes Date of marriage or when relationship commenced Name of overseas post/Australian office where Place of marriage sponsorship or nomination was lodged 16 Do you and your fiancé(e) or partner intend to maintain a lasting relationship? Was a visa granted? DAY MONTH YEAR No Yes No Yes Date visa was granted DAY MONTH YEAR 17 Did you enter into this relationship solely to gain permanent residence in Australia for your fiancé(e) or partner? Date relationship ended No Yes How relationship ended (eg. divorce, death) 40SP (Design date 11/09) - Page 6 © COMMONWEALTH OF AUSTRALIA, 2009
  • 7. DAY MONTH YEAR 2. Date application lodged for 3. Family name previous sponsorship/nomination Given names Name of person sponsored/nominated at time of DAY MONTH YEAR sponsorship or nomination Date of birth Male Female Family name Country of current residence Given names Citizenship If applicable, other names this person is, or has been, known by (including name at birth, previous married names, aliases) 4. Family name Family name Given names Given names DAY MONTH YEAR Date of birth Male Female DAY MONTH YEAR Date of birth of person sponsored/ Country of nominated current residence Relationship to you (spouse, de facto partner, fiancé(e), Citizenship interdependent partner) 5. Family name Name of overseas post/Australian office where Given names sponsorship or nomination was lodged DAY MONTH YEAR Date of birth Male Female Was a visa granted? Country of DAY MONTH YEAR current residence No Yes Date visa was granted Citizenship DAY MONTH YEAR Date relationship ended 6. Family name How relationship ended (eg. divorce, death) Given names DAY MONTH YEAR Date of birth Male Female 19 Give details of ALL your fiancé(e) or partner’s dependent Country of family members who are included in this sponsorship current residence 1. Family name Citizenship Given names DAY MONTH YEAR 7. Family name Date of birth Male Female Given names Country of DAY MONTH YEAR current residence Date of birth Male Female Citizenship Country of current residence 2. Family name Citizenship Given names DAY MONTH YEAR 8. Family name Date of birth Male Female Given names Country of DAY MONTH YEAR current residence Date of birth Male Female Citizenship Country of current residence Citizenship © COMMONWEALTH OF AUSTRALIA, 2009 40SP (Design date 11/09) - Page 7
  • 8. Part D – Your details 27 Details from your passport 20 Your full name (as shown in your passport or travel document) Passport number Family name Country or passport DAY MONTH YEAR Given names Date of issue DAY MONTH YEAR Date of expiry 21 Name in your own language or script (if applicable) Issuing authority/ Place of issue as shown in your passport 22 Other ways you spell your name 28 Were you sponsored/nominated to Australia as a spouse, de facto Family name partner, prospective spouse (fiancé(e)) or interdependent partner? Given names No Yes Give details DAY MONTH YEAR Date of sponsorship/nomination 23 Sex Male Female Name of overseas post/Australian office where sponsorship or nomination was lodged DAY MONTH YEAR 24 Date of birth DAY MONTH YEAR 25 Place of birth Date relationship ended Town/city How relationship ended (eg. divorce, death) Country 29 Have you ever been granted a contributory parent category visa? 26 What is your citizenship/residence status in Australia? No DAY MONTH YEAR (Tick one box only) Yes Date of visa grant Australian citizen by birth Please attach proof 30 Your current residential address Australian citizen by grant Date of arrival in Australia DAY MONTH YEAR Attach proof of citizenship and POSTCODE length of residence Note: If your residential address is not in Australia, please attach a statement at the end of this form outlining how you will Permanent resident Date of arrival in Australia meet your sponsorship obligations. See Part I – Sponsorship of Australia DAY MONTH YEAR undertaking Attach proof of length of residence 31 Address for correspondence Which citizenships do you hold? (If different to your residential address) POSTCODE Eligible New Zealand citizen Length of residence in Australia 32 Your telephone numbers COUNTRY CODE AREA CODE NUMBER Please attach proof Office hours ( ) ( ) After hours ( ) ( ) 40SP (Design date 11/09) - Page 8 © COMMONWEALTH OF AUSTRALIA, 2009
  • 9. 33 Do you agree to the department communicating with you by fax, e-mail 36 Have you received Newstart Allowance, Parenting Payment, or other electronic means? Youth Allowance, Widow Allowance or Special Benefit during No the last 2 years? Yes Give details No COUNTRY CODE AREA CODE NUMBER Yes Give details Fax number ( ) ( ) 1. Type of payment E-mail address DAY MONTH YEAR DAY MONTH YEAR 34 What is your current employment status? From to In paid employment Retired Home duties Receiving a pension 2. Type of payment Seeking employment Full-time student DAY MONTH YEAR DAY MONTH YEAR Other Specify From to 35 Have you been in paid employment at any time during the last 2 years? 3. Type of payment No Yes Give details of your employment history for the last 2 years DAY MONTH YEAR DAY MONTH YEAR 1. Occupation From to Employer 37 Are you currently receiving any other form of social security benefit, DAY MONTH YEAR DAY MONTH YEAR pension or allowance (including any benefits received from a From to country outside Australia)? No 2. Occupation Yes Give details Employer DAY MONTH YEAR DAY MONTH YEAR From to 3. Occupation 38 Do you have any dependants? Employer No DAY MONTH YEAR DAY MONTH YEAR Yes Give details From to Number of dependent children Details of other dependants (eg. retired parents You should provide certified photocopies of one of the following in Australia or overseas) documents to show your employment during the last 2 years: • Australian income and/or overseas tax assessment notices*; OR • a letter from your employer confirming length of employment and annual salary; OR • payslips; OR • business documents or a letter from your accountant if you are self-employed or self-funded from other sources. *The department does not require your Tax File Number (TFN). If your TFN is shown on your tax assessment notice, you may wish to remove or obscure it before you attach the copy of the assessment notice to this form. © COMMONWEALTH OF AUSTRALIA, 2009 40SP (Design date 11/09) - Page 9
  • 10. 39 Have you ever: 41 Have you ever: • specifically, been convicted of a crime or • in addition to any crime or offence disclosed in offence in any country (including any conviction response to Question 39, been convicted of a which is now removed from official records), crime or offence in any country (including any relating to persons under the age of 16, conviction which is now removed from official including but not limited to: child abuse, child records)? No Yes sex, endangering a child, indecent dealings with • in addition to any crime or offence disclosed in a child, or possession of child pornography? No Yes response to Question 39, been charged with any offence that is currently awaiting legal • specifically, been charged with any offence action? No Yes that is currently awaiting legal action, in any country, relating to persons under the age of 16, • been acquitted of any criminal offence or including but not limited to: child abuse, child other offence on the grounds of mental illness, sex, endangering a child, indecent dealings with insanity or unsoundness of mind? No Yes a child, or possession of child pornography? No Yes • been removed or deported from any country (including Australia)? No Yes If you answered ‘Yes’ to either of the above questions, you should give • left any country to avoid being removed or ALL relevant details. If the matter relates to a criminal conviction, please deported? No Yes give the nature of the offence, full details of sentence and dates of any • been excluded from or asked to leave any period of imprisonment or other detention. country (including Australia)? No Yes • committed, or been involved in, the commission of war crimes or crimes against humanity or human rights? No Yes • been involved in any activities that would represent a risk to Australian national security? No Yes • had any outstanding debts to the Australian Government or any public authority in Australia? No Yes • been involved in any activity, or been convicted of any offence, relating to the illegal movement of people to any country (including Australia)? No Yes 40 Are you an eligible New Zealand citizen? • served in a military force or state sponsored/private militia, undergone any No Go to Part E military/paramilitary training, or been trained in Yes weapons/explosives use (however described)? No Yes If you answered ‘Yes’ to any of the above questions, you must give ALL relevant details. If the matter relates to a criminal conviction, please give the nature of the offence, full details of sentence and dates of any period of imprisonment or other detention. 40SP (Design date 11/09) - Page 10 © COMMONWEALTH OF AUSTRALIA, 2009
  • 11. 42 In which countries have you lived for 12 months (in total) or more during the last 10 years? Dates lived there Country MONTH YEAR Last permanent address in that country FROM TO FROM TO FROM TO FROM TO FROM TO FROM TO FROM TO FROM TO FROM TO 43 Have you ever had, or do you currently have, tuberculosis or any other serious disease (including mental illness), condition or disability? No Yes Is the disease, condition or disability one that requires, or is likely to require, medical, hospital or special care? No Yes Give ALL relevant details © COMMONWEALTH OF AUSTRALIA, 2009 40SP (Design date 11/09) - Page 11
  • 12. Part E – About your home Part G – Assistance with this form 44 Type of dwelling: 51 Did you receive assistance in completing this form? House No Go to Part H Flat Yes Please give details of the person who assisted you Other Specify Title: Mr Mrs Miss Ms Other Family name 45 How many bedrooms does the dwelling have? Given names 46 How many people live in the dwelling? Address 47 What is the relationship of these people to you? Child POSTCODE Parent Spouse Telephone number or daytime contact De facto partner COUNTRY CODE AREA CODE NUMBER Sibling Office hours ( ) ( ) Other Specify Mobile/cell 48 Ownership of dwelling: 52 Is the person an agent registered with the Office of the Migration Own outright Agents Registration Authority (Office of the MARA)? Paying home loan No Public housing Yes Go to Part H Rent 53 Is the person/agent in Australia? Other Specify No Go to Part H Yes 49 Will the person you are sponsoring be living with you? No What accommodation do you propose for the person 54 Did you pay the person/agent and/or give a gift for this assistance? Yes you are sponsoring? No Yes Part H – Options for receiving written communications 55 All written communications about this application should be sent to: (Tick one box only) Part F – Previous Myself All written communications will be sent to sponsorships/nominations OR the address for communications that you have provided in this form. 50 Have you lodged any other sponsorship/nomination (other than the Authorised recipient You must complete form 956 Appointment sponsorships/nominations you have recorded in Question 18) or signed a maintenance guarantee or an Assurance of Support? OR of a migration agent or exempt agent or other authorised recipient and attach it to No Migration agent this application form. Form 956 is available Yes Attach a statement showing the relationship of the person OR from the department’s website you have sponsored/nominated or assured and the dates Agent exempt www.immi.gov.au of lodgement of sponsorships/nominations (including any from registration current sponsorship/nomination), maintenance guarantees or assurances. 40SP (Design date 11/09) - Page 12 © COMMONWEALTH OF AUSTRALIA, 2009
  • 13. Part I – Sponsorship undertaking 56 Undertaking I authorise the department to obtain information relevant to my offer WARNING: Giving false or misleading information is a serious offence. to provide this sponsorship from other government agencies or organisations. The agencies/organisations may include: I agree: • federal, state or territory government agencies; • to provide information and advice to help the person(s) I am sponsoring settle in Australia; • federal, state or territory law enforcement agencies; • to ensure that adequate accommodation is available to them on • state or territory housing authorities (including private landlords); arrival in Australia or, if necessary, to provide accommodation for up • local government authorities; to 2 years from arrival in Australia, or the 2 years following grant of • financial institutions; my partner’s visa if my partner is applying in Australia; • educational institutions; • to provide support as required to enable them to attend appropriate English language courses; • private businesses (including telecommunication and internet service providers, insurance companies); and • to attend an interview (if requested by the department) in relation to my fiancé(e) or partner’s application; • any other relevant businesses or agencies. I will inform the department in writing if I withdraw my support for my I acknowledge the department may inform the migration applicant, fiancé(e) or partner before their application is finalised. and any non-migrating person who can lawfully determine where the applicant’s migrating minor child may live, about the convictions I acknowledge that there are grounds under the Migration Regulations or charges it becomes aware of through either my response to family violence and child custody and maintenance provisions (as Question 39 or liaison with relevant Commonwealth, state or territory explained in booklet 1, Partner Migration) for my partner to obtain agencies. permanent residence if our relationship breaks down before final decision. Signature I declare that the information I have supplied in this form is complete, of sponsor correct and up-to-date in every detail. I am aware that any person who provides false or misleading Name information or who deceives or misleads or who presents a forged DAY MONTH YEAR document to an Australian Government official may be prosecuted. Date I am aware that if false or incorrect information is given on this form, the application of the person(s) I am sponsoring may be refused, and/or any visa granted to that person may be liable to cancellation. We strongly advise that you keep a copy of your application and all attachments for your records. I authorise Centrelink to give information about me, relevant to my offer to provide this sponsorship, to the Department of Immigration and Citizenship. © COMMONWEALTH OF AUSTRALIA, 2009 40SP (Design date 11/09) - Page 13